Archdiocese of New York - Independent Reconciliation and Compensation (IRCP)

What is the Independent Reconciliation and Compensation Program?

The Independent Reconciliation and Compensation Program (IRCP) is an independent compensation fund administered by Kenneth R. Feinberg, a highly regarded mediator, and his associate, Camille Biros. The goal of the fund is to help bring closure to victims of sexual abuse by members of the clergy of the archdiocese. The administrators of the fund have complete autonomy to determine compensation for victims who come forward with a claim.

How will the archdiocese fund the IRCP?

The Archdiocese of New York does not have cash reserves to fund the IRCP. The program will be financed through a loan. It will not use money donated to parishes, schools, or charitable organizations, nor will it use money given to the annual Cardinal’s Stewardship Appeal, the new capital campaign Renew and Rebuild, or money given by donors to fund specific programs, apostolates, or ministries.

How will compensation be determined?

The IRCP will be administered by Kenneth R. Feinberg and Camille Biros who have final decision-making authority on the issuance and amount of compensation. The compensation will be just and fair, based on the experience and judgment of Mr. Feinberg and Ms. Biros, and, it is hoped, will allow the victim-survivors to find healing and closure.

How much money is the archdiocese earmarking for the fund?

The archdiocese will fully cover compensation awarded by the IRCP at whatever amount that is determined to be.

When will victims receive payment?

The IRCP has already begun to reach out to those who have come forward in the past. They expect to spend about four months reviewing those cases. New applicants can also come forward during this time and register. Anyone bringing forward a new allegation will be required to follow the policy of the archdiocese to notify the appropriate district attorney’s office, so that they might determine if a crime has been committed, and referred to the archdiocese as well, so that their allegation can be investigated by an independent professional firm and examined by the archdiocesan lay review board.

Do victims waive their right to legal action if they accept money from the compensation fund?

Yes. The goal of the fund is to bring closure to victims of sexual abuse by clergy of the archdiocese. Compensation will be just and fair, based on the experience and judgment of Mr. Feinberg and Ms. Biros, and awarded in a much shorter amount of time than a lawsuit and without added legal fees.

Is there a confidentiality provision?

There is no confidentiality requirement of any kind on individuals participating in the IRCP, and they may share details of their experience with whomever they wish. The administrators will keep confidential all information it receives from anyone participating in the IRCP, except in connection with the processing of the claim, the prevention of fraud, and the protection of children under the Archdiocese Safe Environment Program or as required by law. New claims must be reported to the appropriate District Attorney before they can be considered by the administrators.

Does the IRCP cover acts of abuse by religious order priests or by lay people?

No, the IRCP only considers acts of abuse committed by clergy of the Archdiocese of New York. It does not cover acts committed by members of religious orders or by lay people, although any claims against men or women religious will be forwarded to the appropriate religious community, which have their own policies and procedures for responding to allegations of abuse. The person bringing the claim will be informed where and to whom the allegation has been forwarded.

What is the role of the Independent Oversight Committee?

The Independent Oversight Committee, comprised of former NYPD Commissioner Ray Kelly, U.S. District Judge Loretta A. Preska, and Associate Clinical Professor of Psychiatry at Columbia University Jeanette Cueva, M.D., an expert in child psychiatry, have agreed to oversee the implementation and administration of the IRCP along with the Independent Administrator. Commissioner Kelly will serve as chairman of the Independent Oversight Committee.

The Oversight Committee will interface with Mr. Feinberg and Ms. Biros on a regular basis, to make certain that the IRCP is meeting its goals, and will report its findings to Cardinal Dolan.

The Oversight Committee will not be able to override the compensation decisions made by IRCP administrators. The decision of the administrators is final.

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Archdiocese of New York – Safe Environment Program

What steps has the archdiocese taken to prevent sexual abuse of minors by church personnel?

The Archdiocese of New York fully implemented the United States Conference of Catholic Bishop’s Charter for the Protection of Children and Young People. The Charter establishes codes of conduct that govern all interactions with minors and other policies that address particular situations (e.g., overnight trips). Each year, every (arch)diocese is audited by Stonebridge Partners to make certain it is “in compliance” with the Charter. The Archdiocese of New York is consistently certified “compliant,” and in fact, has designed and implemented additional safe environment programs that go beyond the requirements of the bishops’ Charter.

For example, in addition to the independent audits required by the Charter, the archdiocese has hired individuals – all former law enforcement officers from various agencies with experience in sexual abuse units – to conduct regular spot-checks of our parishes and schools to make certain that they are adhering to our safe environment policies.

To date, the archdiocese has conducted 118,000 background checks, and has provided safe environment training to 104,000 individuals, including age-appropriate training to children in Catholic schools and religious education programs. The archdiocese also runs repeat background checks on employees and volunteers so that it does not miss a problem that may have arisen since an initial check was done.

Does the archdiocese work in conjunction with law enforcement on allegations of sexual abuse?

Since April 2002, the archdiocese has had a reporting policy and memoranda of understanding with the 10 district attorneys who serve in the 10 counties of the archdiocese. (The archdiocese encompasses Manhattan, Staten Island, the Bronx, Westchester, Putnam, Rockland, Orange, Sullivan, Ulster, and Dutchess Counties.)

If anyone has an allegation or suspicion of possible sexual abuse of minor, the archdiocese strongly encourages that individual to go immediately to the appropriate district attorney to report it, and makes it clear that if the archdiocese learns of an allegation of abuse, the archdiocese will report it to the district attorney.

The archdiocese works with the district attorney not only by sharing information, but also by cooperating in any investigation that they undertake, especially if they believe that abuse might still be occurring, so that they might have a prosecutable case.

How does the archdiocese respond to those persons making allegations of child sexual abuse by Church personnel?

For victim-survivors who contact the archdiocese, it responds with respect and understanding.

The archdiocese first brings any allegation to the appropriate district attorney so they can investigate and build a prosecutable case; this is done even if the allegation concerns actions dating back many years.

If the district attorney has had an opportunity to investigate but has determined that they do not have a prosecutable case, the archdiocese begins its own investigation, and the priest is removed from ministry while the matter is under investigation. The entire matter is investigated by lay professionals and studied by the archdiocesan lay review board. However, because IRCP could result in false allegations being filed, for the duration of the program, the archdiocese will not remove the priest from ministry until the allegation has been substantiated by the district attorney, archdiocesan lay review board, or admission by the cleric. The archdiocese will continue its practice of notifying the parish where the priest is currently assigned, usually via a letter that is sent home to every registered parishioner, whenever a priest has been removed. The archdiocese also notifies the district attorneys and parishes where the priest was previously assigned. In all communication with parishioners, the archdiocese will encourage anyone with questions or concerns regarding the priest to contact the proper district attorney, and to provide the name and number of an archdiocesan victim assistance coordinator. The information is also published in the archdiocesan newspaper, Catholic New York.

What happens after the district attorney completes its investigation?

The person bringing the allegation is offered counseling by a counselor of his or her choosing. The archdiocese pays for this counseling, and there is no charge to the person who has brought the allegation. The victim assistance coordinator also asks if any pastoral or spiritual assistance is needed.

The archdiocese conducts its own investigation. The archdiocese has retained Renaissance Associates, an outside investigation firm, to conduct independent investigations of abuse allegations. Renaissance Associates is made up of former federal investigators, including former FBI special agents.

The archdiocesan review board then examines each case in depth, and makes a determination as to whether the allegation has been substantiated and the cleric has committed an act of abuse. It then makes a recommendation to Cardinal Dolan that the cleric should be permanently removed from ministry.

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Who is on the Review Board?

Sr. Patricia Anastacio, PBVM, Chair. Sister is the President of the Sisters of the Presentation of the Blessed Virgin Mary and has many years of experience in Catholic education.

Hon. Paul Crotty, US District Court Judge for the Southern District of New York.